Separation is never an easy process for couples to go through. Not only is it emotionally difficult, but it can be legally difficult too. For couple wanting to separate, knowing what steps to take before filing for separation is crucial.
What Does Separation Mean?
In this state, the law requires that spouses live separately for one year before continuing the divorce. What does living separately mean? It means that couples need to reside in different houses before they can qualify for a no-fault divorce. During this time the couples cannot share a house for any reason. Filing for separation will only be able to move forward if couples make plans to move into separate residences.
After a couple has taken separate residences, they will need to start going through their finances. As individuals, they will not be able to hold joint accounts after the divorce. It is important during this time to start gathering together a financial plan that will last into the separation and divorce. Couples need to determine a variety of things. Equally splitting any assets involved is the most important part. Assets are anything that the couple owns together. Things like the house, cars, financial accounts, and any other possessions qualify as assets. When a couple separates they will no longer be able to share ownership of these things, so they need to decide who will take what.
Along with determining who takes what, couples need to determine who will pay any debts that are owed. This can cover anything from mortgage to car payments to personal loans that are due. Couples who are separated cannot continue to work together to pay these off. The responsibility has to be given to one spouse. It is up to the couple to determine who is in the best place financially to handle the burden of debt. Neither spouse has to take on all of the debt though. It can be split between spouses with one taking the house payment, another taking a car payment, etc.
Going Through Your Finances
Couples will also need to create separate accounts for everything. Joint accounts will no longer be valid when the couple is not together. Couples need to go through and first close any joint accounts. These include all accounts, checking, savings, credit, etc. Then they need to move their individual finances into new accounts that belong solely to them. Couples also need to set budgets for themselves for after the separation. Regardless of how much each spouse makes, the amount of income will be lower than before. To stay financially stable during this time, spouses will need to know how much income will be coming in and budget accordingly. This way neither one will enter single life with financial struggles.
We Help You Navigate Separation Agreements
Separation will be a difficult process in many ways for everyone involved. But planning for the separation will help the couple to transition smoothly. If you or someone you know is looking to enter into separation, contact Christine Howard today. Christine and her team of attorneys will be glad to answer any questions that you have about the separation process. Christine can be reached at email@example.com or by phone at (864) 282-8575.
Referenced from “9 Things to do Before You File for a Divorce” by Cathy Meyer
Separation agreements can be created by many different methods. Many are able to be done by the couple themselves without any outside help. This certainly makes the process seem simpler. After all, who wants to spend all their time sitting in a divorce lawyer’s office? However, creating separation agreements without an attorney is not always as simple as it might seem. There are several aspects of the agreement that attorneys are able to help couples understand. Without them, couples might become lost and enter into an agreement that neither one will be happy with. Hiring an attorney for a separation agreement is the best option for your divorce.
Drafting the separation agreement is an area that attorneys specialize in. When couples try to create their own divorce agreement, many will use a template found on the internet. This is not terrible, but it is not the best method either. Templates from the internet will usually be generic. They also might not reflect the laws of the state that the couple is living in. Couples working without outside help on agreements might also try to move through the process too quickly. They can become caught up in the prospect of ending the marriage, they might not realize how they are ending it. As a result they can unknowingly give away important assets in the divorce.
How Attorneys Can Help
This is where attorneys are incredibly helpful. They understand the state divorce laws and can create an agreement that accurately abides by them. Along with creating an agreement that reflects specific needs, attorneys are also knowledgeable about language. They know what language will ensure that both parties get what they want. By knowing how to write the agreement, they can better ensure that each spouse will be treated fairly in the divorce as well.
Attorneys will also be more thorough in their process. While they understand that couples are ready for the marriage to be over, they see the marriage from the outside. Their position allows them to work through the process to ensure that the divorce is handled in a way that benefits everyone as much as possible. While the marriage might not be handled as quickly as possible, the couple will not regret loosing certain assets because of a rushed agreement.
Divorce is never an ideal situation. Whenever faced with problems, couples should try everything to save the marriage before considering divorce. When divorce becomes the only option, the best method to use is through a divorce attorney. While couples can work on it themselves, there is a larger chance that they will create an agreement that does not provide the best divorce possible. By hiring an attorney, couples will be able to reach a legal agreement that both parties can be happy with.
If you or someone you know is seeking a divorce, but does not know where to start, contact Christine Howard today. Christine or any member of her team will be happy to answer any questions about the process that you have. She can be reached by email at firstname.lastname@example.org or by phone at (864) 282-8575.
Referenced from Do You Need an Attorney for a Separation Agreement? by Melannie Dino
For many couples, divorce is the outcome of their marriage. No matter how hard they tried to make it work, nothing could help. They filed for a separation agreement, and began the process of divorce. Unfortunately, this is the end for the majority of these couples. But could their separation agreement be changed or overturned? The answer is yes. Separation agreements can be changed or overturned by the court. However, this is an incredibly difficult process and cannot be achieved easily. There are only a few circumstances where this is possible.
When are Separation Agreements Valid?
First, it is important to remember that a separation agreement is not valid until it is signed by both parties. If both spouses decide during the process that they want to reconcile, then they can nullify the agreement. It can be done if one spouse has already signed. During the negotiation period, it is crucial that couples read the separation agreements very carefully. When one spouse presents their “draft agreement” it is safe to assume that this is their strongest argument. Reading this carefully and fully understanding it will help couples in the long run. If both spouses sign and then try to overturn the agreement later, the argument “I did not understand this,” is not going to be very helpful.
When both parties have signed the agreement, but either one or both spouses want it to be changed, couples can begin by negotiating an “addendum.” This is an addition to the original agreement that acts as if it was a part of the agreement from the beginning. Addendums can successfully change separation agreements if both parties agree to sign it. If one party does not, then it cannot be considered valid.
How Can Agreements be Overturned?
Regarding overturning separation agreements, this is an almost impossible process. The courts are the best place to attempt it. The level of difficulty in overturning separation agreements varies in each state. For instance, in some states there are only two things that can get an agreement overturned by the court. The first is if a spouse signed under duress. This means that if the spouse was forced to sign through the threat of violence. The second is that the agreement is deemed unconscionable. This means that the person who signed was not of sound mind.
Why Are Separation Agreements Hard to Overturn?
Both of these claims are difficult to prove. For instance, duress requires that extreme behavior was taken to get a spouse to sign. This would cover having a gun held to the head of one spouse by the other. Purely verbal threats are not enough on their own to grant the overturning of an agreement. Listing the threats in the court case will certainly help the case though, so don’t rule them out completely.
For unconscionability, this can be hard to prove because judges know that people sign terrible agreements all the time. People do not have to be insane to sign bad agreements. Sound-minded individuals sign these for almost any reason, especially if they are desperate enough. Some marriages fit this description. Spouses are so desperate to get out that they are willing to sign anything if it means the end of their marriage. The best chance that couples have of getting an agreement thrown out by unconscionability is if one spouse received literally everything in the marriage while the other walked away empty handed.
Separation agreements are not easy to overrule. However, this does not mean that it cannot be done. If you or someone you know is going through a separation and is starting to rethink their decision, please contact Christine Howard today. Christine will be glad to talk with you and answer any questions you may have regarding your agreement. Contact her by email at email@example.com. She can also be reached by phone at (846) 282-8575.
Referenced from “What If I Already Signed a Separation Agreement” by Katie Carter.
While divorce is never an ideal experience to have, it is possible to have a civil divorce. Every couple going through divorce has this goal: to divorce in the easiest and simplest way possible. For many couples with this goal, they will choose an uncontested divorce. An uncontested divorce is the best option for this situation, but the chances of it working out exactly like the couple would want are rare.
Division of Assets
While uncontested divorces are used by many couples, ones where both sides will get exactly what they want are not likely. It is almost impossible to receive everything desired both quickly and cheaply. The couple needs to learn to compromise on some things. This comes most often in division of assets. While this looks easy, looks can be deceiving. Compromising can prove to be a difficult task for divorcing couples. Even if they have mostly settled the division of assets, there is always one issue that will pop up. This is the main reason why simple uncontested divorces are rare. Most couples think that they can handle dividing up their assets without any problem. It’s only when they start realizing what they might have to give up that the problems arise.
Another factor regarding divorce is child custody. Determining how time with your children will be determined is perhaps the most important part of the divorce. Like other assets, child custody requires careful thought before proceedings. If couples want to obtain a completely hassle free and easy divorce, they need to weigh all of the factors. What will each person’s schedule be like? Who is going to be able to provide the most stable home for the children the majority of the time? Both partners are going to need to be willing to compromise. They need to put their children’s needs first and determine which one can meet the most needs, if both cannot equally.
While a completely quick and easy uncontested divorce is rare, it can be done. Both sides need to take the time before beginning proceedings to determine how they are going to divide their assets. In order to do this effectively, both spouses need to realize there will be compromising. If both spouses can do this, then a smooth divorce process is attainable.
If you or anyone you know is thinking about divorce, feel free to contact Christine Howard. Christine would be glad to talk with you about whether or not an uncontested divorce is right for your situation and what your next steps are. Contact Christine by phone at (864) 282-8575 or by email at firstname.lastname@example.org.
Adapted from How to Get Divorced in NM Without the Drama (and Expense!) by Anthony Spratley.
The one thing that every couple wants is a successful marriage. Unfortunately, that does not always happen. Sometimes in marriage, divorce is inevitable. But how do you know when to keep fighting and when it is time for the marriage to end? There are several ways that allow you to know when it is time to separate.
You and Your Spouse Frequently Criticize Each Other
One sign that your marriage might be over is if you and your spouse are frequently critical towards each other. While occasional criticism is normal, excessive, almost passive aggressive criticism is not. Often times when this is happening, one or both spouses can be left feeling as though they are not good enough. If these feelings continue long enough, then the marriage will be coming to an end very quickly.
You Put Your Children First
In any relationship that involves children, it is important for you to put their needs above your own. If you continue to put your children’s needs above everything else, including those of you and your spouse, it can be detrimental to your marriage. While your children’s needs are important, you cannot spend all of your time and energy solely on them. In order to have a functioning, healthy relationship with your spouse, you need to invest in the needs of that relationship as well. By maintaining those needs, both of you are better equipped to handle the needs of your children.
You Feel Lonely With Your Spouse
If you have feelings of loneliness when you are with your spouse, this could also be a sign it is time to separate. Your spouse is the one who is meant to be your companion and best friend. They are the ones that you love and are meant to be able to confide in and share everything with. You are supposed to feel anything but loneliness when you are with them. But if you feel none of that when around them, your relationship might be beyond repair.
You Continually Argue About the Same Things
Another sign that it’s time to separate is if you and your spouse are constantly arguing over the same things. By arguing constantly, nothing is being resolved and the both spouses will remain miserable. If arguments are not being resolved, then there is no way for the relationship to continue moving forward. It stays in a stalemate with both parties feeling as though they cannot make any headway. Without resolving any disagreements, you will no longer experience any of the closeness that you had before and will potentially start drifting apart.
You Don’t Enjoy Spending Time With Each Other’s Family and Friends
Finally, one last sign that a divorce might be right for you is if you no longer enjoy being with your spouse’s friends and families. As a couple, the relationships you have with your other half’s friends and family are almost as important as the one you have with your spouse. It is often said that when you marry someone, you marry their family. As such, your relationship with them is crucial. If you do not enjoy spending time with your spouse’s family or friends, chances are you will begin to drift apart from your spouse. If these issues are not resolves quickly, then it can lead to you and your spouse spending more time with your individual friends and families than with each other.
Deciding whether or not a divorce is necessary is a difficult process. If you or someone you know is considering a divorce, feel free to contact Christine Howard today. Christine would be glad to talk with you about the process and answer any questions that you may have. She can be reached by phone at (864) 282-8575 or by email at email@example.com.
Adapted from 8 Ways You Know It’s Time to Divorce by Terry Gaspard.